Latest news with #FifthJudicialDistrict
The Independent
09-05-2025
- The Independent
Charges dropped against 3 officers after they make a training video about fatal Colorado shooting
Charges have been dropped against all but one Colorado law enforcement officer accused of not stepping in and possibly preventing the fatal 2022 shooting of a man in distress who had called 911 for help. The misdemeanor charges of failing to intervene were dismissed against Tim Collins, Brittany Morrow and Ryan Bennie under a deal that required them to record a training video about what went wrong in the standoff with Christian Glass in a small mountain community, Fifth Judicial District Attorney Heidi McCollum confirmed Friday. They were among six officers charged in 2023 with failing to intervene to stop the actions of former Clear Creek Sheriff's Office Deputy Andrew Buen, who shot and killed Glass. The shooting drew national attention and prompted calls to reform how authorities respond to people with mental health problems. Prosecutors tried twice to convince jurors to convict Buen of second-degree murder. The first time the jury convicted Buen of a misdemeanor for recklessly putting other officers in danger by opening fire. In his second trial, jurors convicted Buen of the lesser charge of criminally negligent homicide for the shooting itself in February. He was sentenced to three years in prison, the maximum sentence he faced. That verdict and the effect three more trials could have on Glass's family as well as the county of about 10,000 people led prosecutors to enter a deal to dismiss the charges, McCollum said. Under the agreement, Collins, Morrow and Bennie all received additional training, including on de-escalation, and participated in making the training video, she said. The hope is that their video will be used by law enforcement agencies across the country that are already using body camera footage of the Glass shooting to teach how not to respond to people in crisis. "If we can save one life, if we can prevent one law enforcement officer from killing someone, then the dismissal of these three cases is worth it,' McCollum said. Another officer is still charged with failing to intervene and third-degree assault. McCollum said she cannot comment on possible plea deals with him or any defendant. Siddhartha Rathod, a lawyer representing Glass's parents, Simon and Sally Glass, praised McCollum for trying a different approach. 'This is the type of prosecutors we want, who are being creative, who want to create solutions that result in a safer community,' he said. Duty to intervene charges were also dropped against two other officers who work for the state's gaming division in December. A judge ruled they were not covered by the law passed in 2020 following the killing of George Floyd. Buen's supervisor pleaded guilty to failing to intervene.
Yahoo
07-05-2025
- Yahoo
Lawyer, state lawmaker discuss former Blount County teacher's sentence amid calls to change laws
BLOUNT COUNTY, Tenn. (WATE) — Parents and leaders have expressed frustration and anger after a former Blount County Schools teacher was given probation after pleading guilty to offensively touching students. In this week's Ask Isaacs, 6 News' Lori Tucker, Attorney Greg Isaacs and Tennessee State Representative Sam McKenzie discuss the Joseph Dalton case. On April 30, Dalton was sentenced to 6 months of supervised probation with judicial diversion after he pleaded guilty to five counts of misdemeanor assault by physical contact in September 2024. Under the judicial diversion, if Dalton completes the requirements of his probation, which includes undergoing psychosexual evaluation and complying with any resulting recommendations, the case could be expunged from public records. Fifth Judicial District Attorney General Ryan Desmond's office shared when the sentence was announced that the judge granted Dalton's request for a judicial diversion despite the state's argument against it. Desmond later released a statement going into more detail about the case, including how his office was faced with questions of if they should pursue charges if the evidence did not support a sexual battery charge and knowing how minimal the sentence would be. Desmond, Blount County Mayor Ed Mitchell and other leaders have called for state laws to change, and some residents and parents protested the sentence outside the Blount County Courthouse. A mother of one of the children victimized by Dalton spoke with 6 News, saying that she felt it was important to attend the rally. 'The children have to come first': Parents angered by sentencing of ex-Blount County PE teacher The charges against Dalton stemmed from incidents at two Blount County schools. Some of the allegations against Dalton accused him of touching students in a 'tickling' manner, hugging students or wrapping his body around them, and in one case, putting a student on the ground and standing above them for an extended amount of time. In Desmond's May 3 statement, he explained that Tennessee laws on sexual battery require contact with the 'intimate parts' of a victim. Desmond wrote that while no videos or evidence showed Dalton having that type of contact with students, his behavior was concerning and fit the criminal offense of 'assault through the 'offensive touching' of another.' Another interesting aspect of this case involves records 6 News obtained that detail earlier incidents involving Dalton. A report from the Blount County Sheriff's Office explains that the district attorney's office declined to prosecute Dalton in connection to an October 2019 incident 'citing being able to prove sexual gratification and this being a he said she said type of case.' At the time, Mike Flynn was serving as the Fifth Judicial District Attorney General, according to the Blount County Government's website. The records also two other incidents investigated by the sheriff's office that involved allegations against Dalton, with one dating back to August 2005. On May 2, a spokesperson for the Tennessee Board of Education told 6 News that Dalton's teaching license is still active, and that each case has to be presented in a review committee meeting for a recommendation on a potential license action. The spokesperson also shared that the board will gather all information from the court and conduct any necessary follow-ups before doing so. If you have a legal question, send it to AskIsaacs@ To watch full episodes of Ask Isaacs, click here. WATE's Lori Tucker and Attorney Greg Isaacs answer your legal questions from the WATE Alert Desk on Wednesdays at 2:30 p.m. and on WATE Channel 6 at 5:30 p.m. Ask Isaacs is also streamed live on WATE6+. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to WATE 6 On Your Side.
Yahoo
03-05-2025
- Yahoo
Blount County DA points out ‘inadequacy' of laws behind ex-PE teacher's sentencing
BLOUNT COUNTY, Tenn. (WATE) — Amid anger and frustration from residents, the District Attorney General over the prosecution of a former Blount County Schools PE teacher who was accused of inappropriately touching students has explained the reasoning behind the charges that were pursued and called the law over the crimes in question 'clearly insufficient.' Earlier this week, former Blount County Schools employee Joseph Dalton was given a sentence that could allow him to have the case expunged later after he pleaded guilty to five accounts of assault by physical contact. The judicial diversion, which is a type of probation for first-time offenders, requires Dalton to serve six months of supervised probation, undergo psychosexual evaluation, and comply with any resulting recommendations of that evaluation Mother of victim speaks out against former Blount County teacher's sentencing Early Saturday morning, Fifth Judicial District Attorney General Ryan Desmond issued a statement about the case, explaining how the case developed, why the specific charge against Dalton was chosen, and the difficult questions asked ahead of the prosecution. Desmond explained that he became aware of an incident where a young student felt like one of their teachers was acting inappropriately in late 2023, and he said it was the first time he had heard of that teacher. After this, he also heard concerns from others that there had been numerous similar allegations made against the teacher in the past, he wrote. Because of the concerns, Desmond said he had a criminal investigator obtain surveillance video from every class the teacher had participated in that school year. After reviewing the footage, Desmond said they located multiple concerning incidents where the teacher had physical contact with students that was inappropriate. The parents of the students were notified, and the investigation continued with statements and all possible related evidence being collected. An important aspect of Tennessee criminal law that Desmond explained was that laws on sexual battery require contact with the 'intimate parts' of a victim. He said no videos or evidence showed that the teacher had done that, and while the teacher's behavior was concerning, it did not qualify as sexual battery or any other sexual offense under current Tennessee Law. 'We then faced a question, if the conduct did not amount to sexual battery, should the case and investigation then be closed? I found this answer to be unacceptable. Instead, we carefully researched the law and found the only criminal offense that fit the facts and evidence before us. That criminal offense was assault through the 'offensive touching' of another,' Desmond wrote. Under Tennessee law, assault by offensive touching is a Class B misdemeanor, which has a maximum punishment of 6 months, Desmond explained. 'The children have to come first': Parents angered by sentencing of ex-Blount County PE teacher The next question Desmond's office faced was if it was worth it to prosecute the case knowing how minimal the sentence would be. The alternative, he said, was to do nothing. 'I was elected to protect the citizens of our community, and the right choice was clear. Considering past efforts by the school system to curtail this teacher's behavior had clearly not been effective, doing nothing was not an option I could accept,' Desmond wrote. Desmond explained that the decision to charge the teacher with five counts of offensive touching assault was not made lightly. Rather, he said the decision was made knowing that many would think the charges and sentence 'would be woefully insufficient,' but that prosecutors are only able to do what the law allows. If there were more serious charges that were supported by the evidence, prosecutors sought those charges, Desmond wrote. He ended his statement saying: I understand people believe the sentence for these crimes is insufficient. I do not disagree. I would certainly support any effort by the legislature to amend the law to address scenarios wherein a person in a position of trust has inappropriate contact with children in their law for these crimes, as it currently exists, is clearly insufficient. Despite that inadequacy, when faced with this issue I ultimately made the decision that some action had to be taken. I stand by that decision. Fifth Judicial District Attorney General Ryan Desmond Desmond is not the only Blount County official who is calling for the laws to change. Blount County Mayor Ed Mitchell wrote that he is doing everything in his power to make sure the actions Dalton was accused of never happened to another student in the Blount County Schools system. 'I share everyone's frustrations with the outcome of the charges against Mr. Dalton. There are not enough words to express how deeply disappointed I am. Laws need to be changed. At the root of it all, this entire situation could have been avoided years and years ago with proper action by the School Administration,' Mitchell wrote in part. 6 News obtained the judgement records for Dalton, which states that the victims of these charges were between the ages of 8 and 10 years old. The document also adds that Dalton's probation is set to end on October 30, 2025. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
